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2004 SESSION


CHAPTER 510
An Act to amend and reenact §§ 15.2-710, 15.2-720.1 and 15.2-726 of the Code of Virginia, relating to the county manager plan of government; budget, constitutional officers and easements.
[S 461]
Approved April 12, 2004

Be it enacted by the General Assembly of Virginia:

1. That §§ 15.2-710, 15.2-720.1 and 15.2-726 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-710. Budget; county manager to be executive and administrative officer; financial condition of county.

In addition to such other duties as are or may be prescribed by law or directed by the board, the county manager shall each year on or before April 15 prepare and submit to the board a tentative budget for informative and fiscal planning purposes. The budget shall be prepared in accordance with the provisions of law in effect governing the preparation of the county budget and shall show in detail the recommendations of the county manager for expenditures on each road and bridge or for other purposes.

The county manager shall be the executive and administrative officer of the county in all matters relating to the public roads and bridges of the county, and other public work and business in the county, except public schools. He shall have general supervision and charge of construction and maintenance of the public roads, bridges and landings of the county, and of public work and business of the county, except public schools, and of the purchase of supplies, equipment and materials for the roads, bridges and landings and other public work and business of the county, and the employment of all superintendents, foremen and labor therefor. However, the board may, by ordinance, prescribe rules and regulations for the purchase of all supplies, equipment and materials for the roads, bridges and landings and other public work and business of the county.

The county manager shall keep the board advised as to the county's financial condition, and at each regular board meeting he shall present an itemized statement of all expenditures he has made since his last report shall periodically, and upon board request, provide a report to the board on the status of expenditures and revenues for the current fiscal year. On or before July 15 October 31 of each year, he shall file with the clerk of the board an itemized statement showing the amount expended on each road, bridge or for other purposes provide a report to the board at a regular board meeting on expenses and revenue for the preceding year, ending June 30.

§ 15.2-720.1. Employee benefits; residence in county.

Notwithstanding any other provision of law, the county board, in order to ensure its competitiveness as an employer, may by ordinance provide for the use of funds, other than state funds, to provide grants for county and school board employees, as well as employees of local constitutional officers, to purchase or rent residences, for use as the employee's principal residence, within the county.

§ 15.2-726. Acquisition of easements.

A. The board is hereby authorized, without limiting its authority to acquire by other means, to acquire by gift or purchase easements in gross or such other interest in real estate as are designed to maintain (i) the character and use of improved real property as rental property and not in a cooperative or condominium form of ownership or (ii) the market rents of a portion of the units in any multi-family residential property at a percentage of the market rent for the remaining units in the multi-family residential property, such percentages to be defined and stated in the easement; however, no property or interest therein shall be acquired by eminent domain by any public body for the purposes of provision (ii). However, this provision shall not limit the power of eminent domain as it was possessed by any public body prior to passage of provision (ii). Any such interest shall be for the minimum period specified by the county board and may be perpetual.

B. The county manager is hereby authorized to acquire, on behalf of the board, temporary construction easements, provided that such easements are (i) required for a construction project authorized by the board; (ii) of a duration that will end before or upon the completion of the project; and (iii) for nominal consideration.